Employers who fail to properly complete, retain, and/or present Forms I-9 for inspection as required by law may be subject to a civil penalty for violations ranging from $110 – $1,100 per employee whose Form I-9 is not properly completed, retained, and/or presented. Factors considered in setting the fine level are the size of the business, the employer’s good faith, the severity of the violation, and the employer’s history. Also, the Attorney General can bring a district court action seeking equitable relief (i.e., permanent injunction, etc.).
For a violation of INA § 274A(a)(1)(A) or (a)(2), an employer can face: (1) $275 – $2200 fine for each unauthorized individual; (2) $2,200 – $5,500 for each employee if the employer has previously been in violation; (3) $3,300-$11,000 for each individual if the employer was subject to more than one cease and desist order.
Under INA § 274A(f), employers convicted of having engaged in a pattern or practice of knowingly hiring unauthorized aliens or continuing to employ aliens knowing that they are or have become unauthorized to work in the United States, after November 6, 1986, (e.g. expiration of work authorization), may be fined up to $3,000 per unauthorized employee and/or face up to six months of imprisonment.
This year, on 01/23/09, in Albany, NY, there were superseding indictments charge 7 IFCO managers with violating federal immigration law. On 01/16/09, in Cedar Rapids, IO, there were additional charges brought in Agriprocessors case, On 01/07/09, in Louisville, KY, there was a kentucky restaurant owner sentenced to 8 months for employing illegal aliens.
To help our clients avoid completing Form I-9s with costly technical or procedural failures, ISG offers the I-9 electronic management system to alert the administrator before the form is completed and signed for retention. Learn More.
Our attorneys further assist multi-national corporations, mid-sized and small businesses, and organizations to get heir I-9 documentation in proper order in compliance with federal laws and regulations to avoid sanctions. If you have any questions or need assistance getting your I-9 documentation in order, please contact Immigration Solutions Group, PLLC at (202) 234-0899.